[2010] EWCA Crim 66
The non-application of the Criminal Justice and Public Order Act 1994 s.35(2) to a co-defendant who had failed to attend trial did not make it unfair to apply that section to other co-defendants who had chosen not to give evidence and against whom the jury could therefore consider drawing an adverse inference.
CA (Crim Div) (Pitchford LJ, Owen J, Judge Peter Beaumont QC Recorder of London)
02/02/2010